STATE OF GUJARAT Vs. KALPESH RAMESHBHAI KOLI PATEL

JUDGEMENT

(1.) APPEAL is Admitted. We do not at this juncture consider it necessary to call upon the respondent.

(2.) THE above referred Criminal Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order delivered by 5th Additional Sessions Judge, Surat, in Sessions Case No. 175 of 2008, whereby the respondent herein being accused of the said Sessions Case, came to be acquitted by the Trial Court for the offences punishable under sections 302 and 188 of the Indian Penal Code.

(3.) LEAVE to Appeal has been granted to the State and Appeal is finally heard. Learned APP Mr. A. J. Desai, appearing on behalf of the State, is extensively heard in respect of the order of acquittal and we have also called for the Record and Proceedings from the Trial Court and have gone through the same thoroughly. We have scrutinized the evidence to arrive at our independent conclusion and we have also examined the reasoning of the Trial Court for acquitting the accused for the above said charges.